Sunil Patil (Engg) 29 July 2012

Cross examination

Hello,

My cross examination was started on the issues that were identifed by the Magistrate. There wer4 issues; i had to prove cruelty, she had to say there was no cause of cruelty, jurisdiction and decision/ closure.

After examing half way thro on cruelty, the opp lawyer said no pint and lets settle the case outside the court. However next time they decdied to start on jurisdiction without competing the previous cross exam, the argusment being that the marriage is registered in another state and hence this court has no jurisdiction.

Can anyone help me here if this is correct or should my cross exam be first completed since it was started? Also are there any judgements on this and if you could mention them here.

Thanks.

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3 Replies

Adv. Chandrasekhar (Advocate) 29 July 2012

If the documents filed by the petitioner itself disclose that there is no jurisdiction to the court, which is trying the matter, as the issue goes to the root of the adjudication, at the request of the respondent, the court may hear this issue at first instance. If the jurisdictional question can only be settled after evidence has been led by the parties, then court may ask the parties that to first lead evidence and later on argue the question of jurisdiction.

dowry victim (housewife) 04 August 2012

Chanduji,

My case is somewhat similar...the RCR was filed in an improper jurisdiction by my husband...

The documentary evidences I have submitted will not only prove cruelty but also that its an improper jurisdiction..

But, I do not have any objection to it...I would rather want the court to grant me divorce u/s 23a instead of dismissing the case on grounds of improper juridiction...

Is it posible? If yes, is it sufficent if I just do not raise an objection to he jurisdiction through any petition..

Plz advice